In the course of working on this issue, we have found that other advocates are taking action. Together, we can make a larger impact that hopefully pushes through this important change and expands its reach.

Jeresia Noris is the wife of an immigrant who was facing deportation until his case was administratively closed by an immigration judge. Through an exercise known as prosecutorial discretion, ICE will sometimes freeze its charges of deportation and agree to permit a judge administratively close the removal proceedings. Individuals eligible for prosecutorial discretion are usually persons of good character who have long-term ties to the United States in addition to family members who are U.S. citizens or lawful permanent residents. Full details on DHS’s prosecution priorities are outlined in the so-called Morton Memo of June 2011.

Jereisa and her husband were elated to hear that their immigration case would be administratively closed on March 22, but only a few days later they saw the proposed rule published on April 2. The proposed rule explicitly states that individuals who have pending removal proceedings will not be eligible for the provisional waiver process. This dashed the hopes that Jereisa and her husband had nurtured since the provisional waiver process was outlined in January, and Jereisa leapt into action.

Another activist born of this process is Martha Torres, a single mother who is herself in removal proceedings. Her case is complicated, but ultimately she is making an appeal for more just immigration laws. She and her daughter are facing separation from one another because under current laws there is very little space for the undocumented mother of a minor U.S. citizen to win the right to stay in this country.